Property Acquisition

What is the procedure for purchasing property in Malta?

Acquisition by Individuals:

Citizens of European Union member states, including Maltese citizens, who have resided in Malta continuously for at least five years at any time prior to the date of acquisition, may freely purchase property without needing to apply for a permit.
Citizens of European Union member states, including Maltese citizens, who have not resided in Malta continuously for at least five years, may purchase only their primary residence or property necessary for their business operations or service provision without requiring a permit.
Citizens of European Union member states, including Maltese citizens, who have not resided in Malta continuously for at least five years, need a permit to acquire property for the purpose of a secondary residence.
Citizens of non-EU countries cannot acquire property unless they are granted an acquisition permit in accordance with Maltese legislative regulations.
Malta has designated zones known as Special Designated Areas (SDA), where there are no restrictions on property acquisition. Additionally, there are no restrictions on acquiring property through inheritance, and several other exemptions apply. Different rules govern acquisitions by companies and other legal entities.

Acquisition by Companies and Other Legal Entities:

A legal entity established and operating in a European Union member state may freely acquire property necessary for its establishment purposes, provided it is directly controlled by EU citizens who have resided in Malta continuously for five years.
A partnership of merchants, established and operating in an EU member state (including Malta), may freely acquire property necessary for its establishment purposes if at least 75% of its share capital is owned by EU citizens.
All other legal entities require an Acquisition of Immovable Property (AIP) permit, which is granted only if the property is needed for an industrial or tourism-related project or contributes to the development of Malta’s economy.
Once the buyer has identified a property they wish to purchase, they must enter into a written agreement (Promise of Sale Agreement), a copy of which must be attached to the AIP application form. This form is available at the Capital Transfer Duty Department or can be downloaded from the ministry’s website.

How Long Does It Take to Process an AIP Permit Application?

The AIP department is committed to issuing permits within 35 days, if provided application is accurate. It is important to note that the AIP permit does not include permanent residency, which must be applied for separately.

What Documents Are Required for a Property Acquisition Application in Malta?

The following documents must be submitted:

Two passport-sized photographs;
A copy of the Promise of Sale Agreement;
A copy of the passport showing relevant details.

What Are the Fees for an AIP Permit?

The current application fee is €232.94.

What Conditions Apply to an AIP Permit?

Upon issuing an AIP permit, the following conditions apply:

For a residential property:
- The property must be used solely as a residence by the applicant and their family, and not for any other purpose.
- The acquisition must take place within six months from the date the permit is issued unless an extension has been requested.
- A certified copy of the acquisition agreement must be submitted to the Capital Transfer Duty Department within three months of the publication of the acquisition contract.
- The property cannot be subdivided or converted into multiple residences.
For a garage or adjoining property:
- The property must be used solely as a garage by the applicant and their family or as an extension integrated into the existing residence.
- The acquisition must take place within six months from the date the permit is issued unless an extension has been requested.
- A certified copy of the acquisition agreement must be submitted to the Capital Transfer Duty Department within three months of the publication of the acquisition contract.
- The property cannot be sold or otherwise separated independently but must be sold only together with the applicant’s original residence.
For a plot of land:
- The acquisition must take place within six months from the date the permit is issued unless an extension has been requested.
- A certified copy of the acquisition agreement must be submitted to the Capital Transfer Duty Department within three months of the publication of the acquisition contract.
- The property must eventually be used solely as a residence by the applicant and their family, and not for any other purpose.
- The applicant must develop the plot into a complete residence, ready for occupancy, within two years from the date the permit is issued.

Can I Rent Property to Third Parties?

If you have purchased property in Malta’s ordinary areas, renting it to third parties is not permitted. The only exception applies to SDA areas, where renting is allowed.

Can I Acquire More Than One Property in Malta?

If you are a non-resident, you are allowed to purchase only one property in Malta unless it is located in an SDA area, such as the Portomaso Development, Tigné Development, Cottonera Waterfront, and Fort Chambray.

Who Must Apply for an AIP Permit?

For individuals: Anyone who has not had permanent residence in Malta for five years prior to the date of the contract.
Any company registered outside of Malta or controlled by non-residents by more than 25%.

If I Am Married to a Maltese Citizen, Do I Need a Permit to Acquire Property in Malta?

If you are the spouse of a Maltese citizen or a citizen of another EU member state, and both spouses are acquiring property in Malta together, you fall under the definition of “Maltese resident,” and you do not need a permit to acquire property.

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